Wall et al v. Country Mutual Insurance Company

Filing 14

STIPULATED PROTECTIVE ORDER signed by Judge Marsha J. Pechman. (PM)

The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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DANIEL WALL and CARI WALL,
husband and wife,
Plaintiffs,

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STIPULATED PROTECTIVE ORDER

vs.

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Case No.: 2:17-cv-00446-MJP

COUNTRY MUTUAL INSURANCE
COMPANY, a foreign corporation,

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Defendant.

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1.

PURPOSES AND LIMITATIONS
This Stipulation is entered into by and between Plaintiffs Daniel Wall and Cari Wall and

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Defendant Country Mutual Insurance Company. The named parties possess certain confidential

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and/or proprietary information which may be disclosed to the other parties in this action,

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specifically, Country Mutual’s Best Practices, the underwriting file, the agent file, and personal or

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business financial information. Discovery in this action is likely to involve production of
confidential, proprietary, or private information for which special protection may be warranted.

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Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
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Protective Order. The parties acknowledge that this agreement is consistent with LCR 26(c). It
does not confer blanket protection on all disclosures or responses to discovery, the protection it

STIPULATED PROTECTIVE ORDER - Page 1 (Case No.: 2:17-cv-00446-MJP)

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affords from public disclosure and use extends only to the limited information or items that are

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entitled to confidential treatment under the applicable legal principles, and it does not

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presumptively entitle parties to file confidential information under seal.

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2.

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“CONFIDENTIAL” MATERIAL
Confidential material means any document, data, information, video, writing, paper,

tangible thing, transcript of oral testimony, whether printed or recorded or reproduced by any other

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mechanical process, or written or produced by hand, and the content of any such document, which
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the party designates as “Confidential”. By way of example, and not limitation, confidential
information may include or be included in documents, papers, drawings, diagrams, plans,

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specifications, manuals, transcripts, answers to Interrogatories and other responses to discovery

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requests, and any instruments which compromise, embody, or summarize matter which the party

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considers confidential and desires not be made public. At the time this Stipulation is entered into

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the parties have identified the following confidential information: Country Mutual’s Best
Practices, the underwriting file, the agent file, and personal or business financial information. The

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parties reserve the right to identify and designate additional confidential materials identified during
the course of discovery.
3.

SCOPE

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The protections conferred by this agreement cover not only confidential material (as

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defined above), but also (1) any information copied or extracted from confidential material; (2) all

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copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony,
conversations, or presentations by parties or their counsel that might reveal confidential material.

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STIPULATED PROTECTIVE ORDER - Page 2 (Case No.: 2:17-cv-00446-MJP)

Use of any information or documents labeled “Confidential” and subject to this Protective

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Order, including all information derived therefrom, shall be restricted solely to the litigation of

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this case and shall not be used by any party for any business, commercial, or competitive purpose.

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However, the protections conferred by this agreement do not cover information that is in

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the public domain or becomes part of the public domain through trial or otherwise.
4.

ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

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4.1

Basic Principles. A receiving party may use confidential material that is disclosed

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or produced by another party or by a non-party in connection with this case only for prosecuting,
defending, or attempting to settle this litigation. Confidential material may be disclosed only to the

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categories of persons and under the conditions described in this agreement. Confidential material

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must be stored and maintained by a receiving party at a location and in a secure manner that ensures

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that access is limited to the persons authorized under this agreement.

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4.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

by the court or permitted in writing by the designating party, a receiving party may disclose any

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confidential material only to:
(a)

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of counsel to whom it is reasonably necessary to disclose the information for this litigation;
(b)

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the receiving party’s counsel of record in this action, as well as employees

the officers, directors, and employees (including in house counsel) of the

receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties
agree that a particular document or material produced is for Attorney’s Eyes Only and is so
designated;

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(c)

experts and consultants to whom disclosure is reasonably necessary for this

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litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

STIPULATED PROTECTIVE ORDER - Page 3 (Case No.: 2:17-cv-00446-MJP)

(d)

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the court, court personnel, and court reporters and their staff;

(e)

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copy or imaging services retained by counsel to assist in the duplication of

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confidential material, provided that counsel for the party retaining the copy or imaging service

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instructs the service not to disclose any confidential material to third parties and to immediately

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return all originals and copies of any confidential material;

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(f)

during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
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(Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of
transcribed deposition testimony or exhibits to depositions that reveal confidential material must

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be separately bound by the court reporter and may not be disclosed to anyone except as permitted

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under this agreement;

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(g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.

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4.3

Filing Confidential Material. Before filing confidential material or discussing or

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referencing such material in court filings, the filing party shall confer with the designating party
to determine whether the designating party will remove the confidential designation, whether the

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document can be redacted, or whether a motion to seal or stipulation and proposed order is

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warranted. Local Civil Rule 5(g) sets forth the procedures that must be followed and the standards

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that will be applied when a party seeks permission from the court to file material under seal.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each party

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or non-party that designates information or items for protection under this agreement must take
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care to limit any such designation to specific material that qualifies under the appropriate

STIPULATED PROTECTIVE ORDER - Page 4 (Case No.: 2:17-cv-00446-MJP)

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standards. The designating party must designate for protection only those parts of material,

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documents, items, or oral or written communications that qualify, so that other portions of the

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material, documents, items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this agreement.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are
shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or delay the case development process or to impose unnecessary expenses
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and burdens on other parties) expose the designating party to sanctions.
If it comes to a designating party’s attention that information or items that it designated for

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protection do not qualify for protection, the designating party must promptly notify all other parties

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that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in this

agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
ordered, disclosure or discovery material that qualifies for protection under this agreement must

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be clearly so designated before or when the material is disclosed or produced.
(a)

Information in documentary form: (e.g., paper or electronic documents and

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deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings),

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the designating party must affix the word “CONFIDENTIAL” to each page that contains

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confidential material. If only a portion or portions of the material on a page qualifies for protection,

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the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).

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(b)

Testimony given in deposition or in other pretrial proceedings: the parties

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and any participating non-parties must identify on the record, during the deposition or other pretrial

STIPULATED PROTECTIVE ORDER - Page 5 (Case No.: 2:17-cv-00446-MJP)

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proceeding, all protected testimony, without prejudice to their right to so designate other testimony

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after reviewing the transcript. Any party or non-party may, within fifteen days after receiving the

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transcript of the deposition or other pretrial proceeding, designate portions of the transcript, or

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exhibits thereto, as confidential. If a party or non-party desires to protect confidential information

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at trial, the issue should be addressed during the pre-trial conference.

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(c)

Other tangible items: the producing party must affix in a prominent place

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on the exterior of the container or containers in which the information or item is stored the word
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“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,
the producing party, to the extent practicable, shall identify the protected portion(s).

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5.3

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qualified information or items does not, standing alone, waive the designating party’s right to

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secure protection under this agreement for such material. Upon timely correction of a designation,

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Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate

the receiving party must make reasonable efforts to ensure that the material is treated in accordance
with the provisions of this agreement.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any party or non-party may challenge a designation of

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confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

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burdens, or a significant disruption or delay of the litigation, a party does not waive its right to

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challenge a confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.

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6.2

Meet and Confer. The parties must make every attempt to resolve any dispute

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regarding confidential designations without court involvement. Any motion regarding confidential

STIPULATED PROTECTIVE ORDER - Page 6 (Case No.: 2:17-cv-00446-MJP)

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designations or for a protective order must include a certification, in the motion or in a declaration

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or affidavit, that the movant has engaged in a good faith meet and confer conference with other

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affected parties in an effort to resolve the dispute without court action. The certification must list

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the date, manner, and participants to the conference. A good faith effort to confer requires a face-

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to-face meeting or a telephone conference.

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6.3

Judicial Intervention. If the parties cannot resolve a challenge without court

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intervention, the designating party may file and serve a motion to retain confidentiality under Local
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Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of
persuasion in any such motion shall be on the designating party. Frivolous challenges, and those

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made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

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other parties) may expose the challenging party to sanctions. All parties shall continue to maintain

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the material in question as confidential until the court rules on the challenge.

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7.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

LITIGATION

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If a party is served with a subpoena or a court order issued in other litigation that compels

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disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party
must:
(a)

promptly notify the designating party in writing and include a copy of the

subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena or order to

issue in the other litigation that some or all of the material covered by the subpoena or order is

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subject to this agreement. Such notification shall include a copy of this agreement; and
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STIPULATED PROTECTIVE ORDER - Page 7 (Case No.: 2:17-cv-00446-MJP)

(c)

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cooperate with respect to all reasonable procedures sought to be pursued by

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the designating party whose confidential material may be affected.

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8.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential

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material to any person or in any circumstance not authorized under this agreement, the receiving

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party must immediately (a) notify in writing the designating party of the unauthorized disclosures,

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(b) use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the
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person or persons to whom unauthorized disclosures were made of all the terms of this agreement,
and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be

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Bound” that is attached hereto as Exhibit A.

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9.

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MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

When a producing party gives notice to receiving parties that certain inadvertently
produced material is subject to a claim of privilege or other protection, the obligations of the

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receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
is not intended to modify whatever procedure may be established in an e-discovery order or

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agreement that provides for production without prior privilege review. The parties agree to the

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entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.

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The receiving party or its counsel shall not disclose such documents or materials if that
party knows or reasonably should know that a claim of confidentiality would be made by the
producing party. Promptly after receiving notice from the producing party of a claim of

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confidentiality, the receiving party or its counsel shall inform the producing party of all pertinent
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STIPULATED PROTECTIVE ORDER - Page 8 (Case No.: 2:17-cv-00446-MJP)

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facts relating to the prior disclosure of the newly-designated documents or materials, and shall

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make reasonable efforts to retrieve such documents and materials and to prevent further disclosure.

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10.

NON TERMINATION AND RETURN OF DOCUMENTS

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Within 60 days after the termination of this action, including all appeals, each receiving

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party must return all confidential material to the producing party, including all copies, extracts and

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summaries thereof. Alternatively, the parties may agree upon appropriate methods of destruction.

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Notwithstanding this provision, counsel are entitled to retain one archival copy of all
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documents filed with the court, trial, deposition, and hearing transcripts, correspondence,
deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work

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product, even if such materials contain confidential material.

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11.

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AGREEMENT TO BE BOUND
The parties and their counsel, by executing this Order, undertake and abide by and be bound

by its provisions and to use due care to see that its provisions are known and adhered to by those
under their supervision or control. Any person, whether a party, witness, expert, attorney or other,

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who fails to abide by any provision in this Stipulation and Order and/or any provision in the
accompanying Affidavit may be subject to an injunction, with the party who designated the

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material as confidential having the right to seek additional remedies, including damages, costs and

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expenses, and attorney fees in the amount necessary to compensate the party for the actual harm

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and potential harm caused, an amount to be determined by the Court for the failure to abide by a

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Court Order, attorney’s fees and costs and any other sanctions that the Court deems proper.
///

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STIPULATED PROTECTIVE ORDER - Page 9 (Case No.: 2:17-cv-00446-MJP)

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The confidentiality obligations imposed by this agreement shall remain in effect until a
designating party agrees otherwise in writing or a court orders otherwise.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

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IMPACT LAW GROUP

THENELL LAW GROUP, P.C.

By: /s/ Jonah O. Harrison
Jonah O. Harrison, WSBA #34576
Email: [e-mail]

By: /s/ Daniel E. Thenell
Daniel E. Thenell, WSBA # 37297
Email: [e-mail]

By: /s/ Robert Crowley
Robert Crowley, WSBA #37953
Email: [e-mail]
1325 Fourth Ave., Suite 1400
Seattle, WA 98101
Attorneys for Plaintiffs

By: /s/ Chelsea P. Pyasetskyy
Chelsea P. Pyasetskyy, WSBA # 48997
Email: [e-mail]
12909 SW 68th Parkway, Suite 320
Portland, OR 97223
Attorneys for Defendant

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STIPULATED PROTECTIVE ORDER - Page 10 (Case No.: 2:17-cv-00446-MJP)

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of any

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documents in this proceeding shall not, for the purposes of this proceeding or any other proceeding

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in any other court, constitute a waiver by the producing party of any privilege applicable to those

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documents, including the attorney-client privilege, attorney work-product protection, or any other

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privilege or protection recognized by law.

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DATED: October 26, 2017

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A
Marsha J. Pechman
United States District Judge

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STIPULATED PROTECTIVE ORDER - Page 11 (Case No.: 2:17-cv-00446-MJP)

EXHIBIT A

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I, __________________________________, have been advised by counsel of record for

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__________________________________________ in Wall v. Country Mutual Insurance

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Company, U.S. District Court for the Western District of Washington, Case No. 2:17-cv-00446-

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MJP, of the Stipulated Protective Order governing the delivery, publication, and disclosure of

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confidential documents and information produced in this litigation.

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1.

I have read the Stipulation and Order of Protection and Confidentiality with regard

to this matter and I agree to abide by all of the terms and conditions set forth therein. Specifically,

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I agree to keep confidential all information produced by any party which have been marked or

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deemed confidential in accord with the Stipulation. I will not use any of the information in any

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other matters, litigated or otherwise, in which I have been, am or will become involved. I will not

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make any of the information public in any way. The information I obtain will be used solely in the
preparation and trial of this matter. I agree that I will not make copies or computer reproductions

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or other recordings of any of the information provided by any party herein which has been marked
or deemed confidential. I agree to return the information to the party I am retained by immediately

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after my testimony in the trial and/or involvement in this matter. Should the matter be otherwise

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dismissed or settled, I agree to return said information immediately upon notification of the

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dismissal or settlement and will provide or destroy all notes or summaries of the information

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contained within said confidential materials.

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STIPULATED PROTECTIVE ORDER - Page 12 (Case No.: 2:17-cv-00446-MJP)

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2.

I understand that I can be held in contempt of court if I fail to abide by all terms of

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the Stipulation and Order of Protection and Confidentiality. I further understand that monetary

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sanctions, in an amount to be determined by the Court, may be imposed against me if I fail to abide

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by said terms.

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____________________________________
Signed

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____________________________________
Printed Name

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____________________________________
Date

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STIPULATED PROTECTIVE ORDER - Page 13 (Case No.: 2:17-cv-00446-MJP)

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that on October 26, 2017, I served the foregoing

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STIPULATED PROTECTIVE ORDER on:

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Jonah O. Harrison
Robert Crowley
Impact Law Group
1325 Fourth Ave., Suite 1400
Seattle, WA 98101
Of Attorneys for Plaintiffs

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

by electronic means through the Court’s Case Management/Electronic Case Filing system
on the date set forth above.
by mailing a full, true and correct copy thereof in a sealed, first-class postage-prepaid
envelope, addressed to the attorney as shown above, the last-known office address of the
attorney, and deposited with the United States Postal Service at Portland, Oregon on the
date set forth above.
by emailing a full, true and correct copy thereof to the attorney at the email address(es)
shown above, which is the last-known email address(es) for the attorney’s office, on the
date set forth above.
by faxing a full, true and correct copy thereof to the attorney at the fax number shown
above, which is the last-known fax number for the attorney’s office, on the date set forth
above.
THENELL LAW GROUP, P.C.

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By: s/ Daniel E. Thenell
Daniel E. Thenell, WSBA No. 37297
Email: [e-mail]

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By: s/ Chelsea P. Pyasetskyy
Chelsea P. Pyasetskyy, WSBA No. 48997
Email: [e-mail]
12909 SW 68th Pkwy, Suite 320
Portland, OR 97223
Phone: [phone]
Fax: [phone]

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CERTIFICATE OF SERVICE - Page 1 (W. Wa Case No. 2:17-cv-00446-TSZ)

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THENELL LAW GROUP, P.C.
12909 SW 68th Parkway., Suite 320
Portland, Oregon 97223
Telephone: [phone]
Facsimile: [phone]